Fault as an Issue – Busting the Myth

Colorado Springs Divorce Lawyer

Divorce Attorneys and At Fault Divorces

Many clients seek our services when they discover their partner has engaged in an extra-marital affair. Unfortunately, we must explain that whether the spouse engaged in an affair is irrelevant. Fault is not an issue that can be raised under Colorado law, except in rare circumstances.

The circumstances where fault may be raised as an issue include when one partner disposes of marital assets in furtherance of their addiction (i.e. gambling, sex, drugs), for use in their affair (i.e. hotel rooms, jewelry, trips, etc…), or when marital assets were used in a venture without prior consent or knowledge of the other partner (i.e. business venture where the other partner had no knowledge or did not consent). In these instances, and if the non-violating partner can provide documentary proof of the use of marital assets, the non-violating partner may seek reimbursement of the marital assets used for these endeavors. In regard to the issue of a venture, as when one partner opens a business, the other partner must be able to prove they lacked knowledge or consent, which may be difficult without documentary proof.

To set up a FREE initial consultation with our office to discuss your case, you can call our Colorado Springs Divorce Lawyers at (888) 744-0288 or complete our contact form.